(1) The Regulator shall allow the provision of access through RLANs to a public electronic communications network and the use of harmonised radio spectrum for that provision, subject only to applicable general authorisation conditions relating to radio spectrum use as referred to in Regulation 28(1).

(2) Where the provision of access referred to in paragraph (1) is not part of an economic activity or is ancillary to an economic activity or a public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or end-user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Regulation 6, to obligations regarding end-users rights pursuant to Part 10, or to obligations to interconnect their networks pursuant to Regulation 42(1). Regulation 16 of the European Communities (Directive 2000/31/EC) Regulations 2003 (S.I. No. 68 of 2003) shall apply.